TERMS AND CONDITIONS

    1. TERMS AND CONDITIONS OF BENOK s.r.o.


      1. GENERAL PROVISIONS

      These terms and conditions govern the rights and obligations of the contracting parties arising from the purchase contract concluded between:

      BENOK s.r.o., Company ID: 55388744
      Registered office: Hviezdoslavova 152/49, 97201 Bojnice, Slovak Republic
      Registration: Commercial Register of the District Court Trenčín, section: Sro, insert no. Sro/45184/R
      (hereinafter referred to as "the seller")

      and the buyer, who may be a consumer or an entrepreneur.

      These terms and conditions apply to the sale of goods through the seller's website at the domain www.coklitka.com, with the main subject of sale being especially:

      • sexual chocolates,

      • sexual and erotic aids,

      • endurance sprays,

      • hygiene products,

      • lubricants,

      • underwear.

      1.1 Integral Part of the Contract

      These terms and conditions are binding for both parties and form an integral part of every purchase contract.

      1.2 Additional Contract

      An additional contract is any contract that supplements or extends this main contract – for example, for gifts, additional services, or special modifications.

      1.3 Prices

      All prices listed on the seller's website are final and include VAT according to Slovak legal regulations. However, they do not include shipping costs or special services, which are charged separately.

      1.4 Price Changes

      The seller reserves the right to change the price of goods at any time. This change does not apply to already concluded orders.

      1.5 Risk of Use

      Using products (especially intimate or dietary supplements) may pose health or safety risks. The buyer is obliged to thoroughly read the instructions for use. The seller is not responsible for damages caused by improper use.

      1.6 Product Testing

      We recommend testing products before first use. If there are any safety concerns, it is advised not to use the product and to contact the seller.

      1.7 Liability

      The seller is not liable for indirect damages caused by the use of the goods – to the fullest extent permitted by law.

      1.8 Limitation of Liability

      The maximum liability for damages is limited to three times the value of the purchased goods.

      1.9 Illustrative Photographs

      Product images on the site are illustrative and may differ slightly (e.g., packaging), but this does not affect functionality or quality.


      2. METHOD OF CONCLUDING THE PURCHASE CONTRACT

      2.1 Order Process

      The contract is concluded by filling out the order form on the seller's website. By submitting the order, the buyer confirms that they have read and agree to the terms and conditions.

      2.2 Order Confirmation

      After submitting the order, the buyer will receive an automatic email confirming receipt. The contract is concluded only upon delivery of the order acceptance by the seller.

      2.3 Acceptance Content

      Acceptance includes: product name, quantity, price, expected delivery date, delivery method, and seller’s details.

      2.4 Contract archive

      The contract is stored electronically and is available upon the buyer’s request.


      3. RIGHTS AND OBLIGATIONS OF THE SELLER

      3.1 Seller’s obligations:

      • to deliver the goods on time, in quantity and quality corresponding to the contract,

      • to pack and secure the goods for transport,

      • to hand over all relevant documents to the buyer (manuals, invoice, warranty card).

      3.2 Unavailability of goods

      If the order cannot be fulfilled (e.g., out of stock), the seller will offer a replacement or allow withdrawal from the contract. In case of prepayment, the amount will be refunded within 14 days.


      4. RIGHTS AND OBLIGATIONS OF THE BUYER

      4.1 Buyer’s obligations:

      • to pay the agreed price,

      • to accept the goods,

      4.2 Buyer’s rights:

      • for proper delivery of goods,

      • to submit a complaint for defects,

      • to withdraw from the contract within the statutory deadlines (if applicable to the specific goods).


      5. DELIVERY AND PAYMENT TERMS

      5.1 Availability and delivery

      Availability is indicated for each product. Delivery usually takes 1 – 6 business days, but no more than 30 days unless otherwise agreed.

      5.2 Delivery methods:

      • Slovakia: Packeta, Slovak Post, courier

      • Czech Republic: Packeta, courier

      • Other EU countries: individually by country

      • Outside the EU: by individual agreement

      5.3 Shipping costs

      The shipping cost is shown in the order form. For international shipments, the price is calculated according to the destination country and delivery method.

      5.4 Obligation to accept the goods

      The buyer is obliged to accept the shipment. In case of non-acceptance, the seller reserves the right to charge shipping and handling costs.

      6. PURCHASE PRICE AND PAYMENT TERMS

      6.1 Prices

      Prices listed on the site are final, including VAT at the applicable rate in the Slovak Republic, except for EU countries where the OSS (One Stop Shop) scheme applies – in such cases, the VAT rate of the delivery country is applied.

      6.2 Payment methods

      • Online card payment (via payment gateway)

      6.3 Payment effectiveness

      Payment is considered made at the moment the full amount is credited to the seller's account.


      7. OWNERSHIP RIGHTS AND RISK OF DAMAGE

      7.1 Acquisition of ownership

      The buyer becomes the owner of the goods only after full payment of the purchase price.

      7.2 Transfer of risk

      The risk of damage or loss of goods passes to the buyer at the moment of receipt of the goods.


      8. COMPLAINT PROCEDURE

      8.1 Liability for defects

      The seller is responsible for defects that the goods have at the time of receipt or that appear during the warranty period.

      8.2 Warranty period

      The standard warranty is 24 months unless otherwise stipulated by law.

      8.3 Complaint submission

      Complaints can be submitted by email to info@coklitka.com or by sending in writing to the registered office address.

      8.4 Methods of complaint resolution

      • Product repair

      • Product exchange

      • Refund

      • Appropriate discount

      8.5 Warranty Exceptions

      The warranty does not cover defects caused by:

      • incorrect use,

      • mechanical damage,

      • normal wear and tear,

      • hygienic and intimate products that have been used.


      9. PERSONAL DATA PROTECTION (GDPR)

      9.1 Data controller

      BENOK s.r.o. processes personal data in accordance with GDPR (EU Regulation 2016/679) and Act No. 18/2018 Coll.

      9.2 Purpose of processing

      • order processing,

      • invoicing,

      • delivery of goods,

      • marketing (only with consent).

      9.3 Categories of data

      • First name, last name

      • Address

      • Phone

      • Email

      • Company ID, Tax ID (for companies)

      9.4 Rights of data subjects

      The buyer has the right:

      • to access their data,

      • to correction or deletion,

      • to restriction of processing,

      • to data portability,

      • to file a complaint with the Office for Personal Data Protection.

      9.5 Data protection principles

      Detailed rules are published in a separate document "Privacy Policy", available on the seller's website.


      10. WITHDRAWAL FROM THE PURCHASE CONTRACT

      10.1 Right of withdrawal

      The buyer – consumer – has the right to withdraw from the contract within 14 days from the day of receipt of the goods without giving any reason.

      10.2 Exceptions – withdrawal from the contract is not possible for:

      • custom-made goods,

      • goods in protective packaging that was opened after delivery (e.g., lubricants, underwear),

      • food and chocolate intended for direct consumption (after opening/consumption),

      • goods subject to rapid spoilage or quality deterioration (e.g., intimate cosmetics).

      10.3 Returning goods

      The goods must be undamaged, unused, and in the original packaging. The buyer bears the cost of return.

      10.4 Method of refund

      Refunds will be made using the same method by which the payment was received (unless otherwise agreed), within 14 days.


      11. APPLICABLE LAW AND JURISDICTION

      These terms and conditions and all contractual relationships are governed by the legal system of the Slovak Republic.
      Any disputes will be resolved before the competent court of the Slovak Republic, unless the laws of the buyer's country state otherwise.


      12. ALTERNATIVE DISPUTE RESOLUTION (ADR)

      The buyer has the right to contact an alternative dispute resolution entity, e.g., the Slovak Trade Inspection.

      ADR conditions:

      • The value of the dispute must be at least €250

      • ADR applies only to consumers (not entrepreneurs)

      • The maximum fee for submitting a proposal is €20


      13. SHIPPING AND VAT FOR SALES ABROAD

      13.1 We deliver to:

      • Slovakia – delivery by courier or via Packeta

      • Czech Republic – Packeta / Zásilkovna

      • Other EU countries – according to the individual choice of the carrier

      • Outside the EU – by agreement

      13.2 VAT

      • Within Slovakia, VAT of 23% applies. For selected food products, VAT is 19%.

      • Within the EU, the local VAT rate according to the customer's country applies under the OSS scheme.


      14. FINAL PROVISIONS

      • These terms and conditions take effect on the day they are published.

      • The seller reserves the right to change them, with the new version being published on the website.

      • The buyer is required to agree to the terms and conditions by checking a box before submitting the order.